CASA EX63/06 - Exemption – training and checking organisation, flight check system

Overview

The Civil Aviation Regulations 1988, enacted to regulate civil aviation in Australia and ensure safety, introduced a regulatory framework addressing specific operational needs of aviation entities. One such regulation is the exemption for training and checking organisations and flight check systems, as outlined in the instrument F2006L03671. This instrument was developed by the Civil Aviation Safety Authority (CASA) under the authority conferred by the Civil Aviation Act 1988. The primary objective of this exemption is to provide flexibility to operators of large firefighting aircraft, such as the MIL-8 multi-engine helicopter, which have a maximum take-off weight exceeding 5,700 kg but are not covered by previous exemptions. By exempting these operators from certain regulatory requirements, CASA aims to reduce administrative burdens while maintaining safety standards, ensuring that only qualified personnel operate these critical aircraft for firefighting purposes.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) empower the Civil Aviation Safety Authority (CASA) to exempt certain aircraft and associated persons from specific regulatory requirements under the Civil Aviation Act 1988, provided that such exemptions do not compromise safety. In this instance, the instrument CASA EX63/06 exempts the operator of a MIL-8 multi-engine helicopter, which has a maximum take-off weight over 5,700 kg and is used for firefighting operations, from certain regulatory requirements. Specifically, the operator is exempt from establishing a training and checking organisation under subregulation 217(1) of CAR 1988, and from having a flight check system separately approved under subregulation 232(1) of CAR 1988. However, these exemptions are subject to conditions aimed at ensuring safety, such as the operator holding a discrete Air Operator Certificate (AOC) for the aircraft, which can only be used for firefighting purposes, and adhering to the Civil Aviation Administration of the Republic of Moldova’s requirements for flight checks. This exemption, being a disallowable instrument, is subject to parliamentary disallowance under the Legislative Instruments Act 2003. The exemption is effective from 1 December 2006 until 30 April 2007.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide for exemptions from certain regulatory requirements for specific aircraft operations, and this legislative instrument under consideration pertains to the exemption of a MIL-8 multi-engine helicopter used for firefighting purposes. According to subregulation 217(1) of CAR 1988, an operator of an aircraft with a maximum take-off weight exceeding 5,700 kg must provide a training and checking organisation. However, this requirement is exempted for the MIL-8 helicopter under subregulation 308(1) of CAR 1988, subject to certain conditions that ensure safety, as stated in subregulation 308(3). The helicopter's operator must hold a discrete Air Operator Certificate (AOC) and use the aircraft solely for firefighting. Additionally, pilots must meet the Civil Aviation Administration of the Republic of Moldova's regulations and the operator's check and training proficiency requirements. The operator's chief pilot is responsible for verifying the crew's licences and proficiency check documents. Under subregulation 232(1) of CAR 1988, operators must establish a flight check system for each aircraft type, detailing procedures for pre-flight, take-off, landing, and emergency situations. Subregulation 232(2) mandates CASA's prior approval of these systems, and subregulation 232(5) prohibits flying an aircraft unless its flight check system has been approved by CASA and, if required, revised according to CASA's specifications. The exemption exempts the operator from the requirement to have a separate CASA-approved flight check system, provided the system complies with the Civil Aviation Administration of the Republic of Moldova's requirements. The exemption is subject to the Legislative Instruments Act 2003 (LIA), which classifies it as a disallowable instrument, meaning it can be disallowed by Parliament. However, in this case, consultation under section 17 of the LIA was not undertaken. The exemption was issued to facilitate firefighting operations, aligning with other similar exemptions granted to operators meeting the specified safety conditions. It was made by the Deputy Chief Executive Officer, Operations, a delegate of CASA, as permitted by subregulation 7(1) of CAR 1988. The exemption is effective from 1 December 2006 until 30 April 2007. In terms of obligations, the operator must ensure compliance with the conditions of the exemption, including maintaining a discrete AOC, adhering to the Civil Aviation Administration of the Republic of Moldova’s regulations, and verifying crew licences and proficiency check documents. Failure to comply with the conditions of the exemption could result in civil or criminal penalties, depending on the nature and severity of the breach. The specific consequences are not detailed in the text but typically include fines and potential disqualification from operating the aircraft.